Ask a Lawyer - Archive

I was told that the settlement for my personal injury claim should be at least three times the amount of my medical bills. Is that true? I know it is the job of the adjuster to settle for as little as possible.

A settlement amount represents the damages that a jury would be allowed to consider if your claim went through litigation and to trial. In addition to actual medical bills, a jury can award damages for pain and suffering, but the amount is totally within the discretion of the jury, with some exceptions and limitations.

If your injuries are severe and lasting, the jury may be more inclined to offer a greater pain and suffering award, whereas if the jury doesn't believe that it is warranted, they may award no pain and suffering at all. An adjuster will try to estimate what they think a jury might do if your case proceeded to trial. While three times the medical bills is not unreasonable or uncommon, for less serious injuries it is by no means guaranteed, and adjusters frequently will not offer that much.

If an adjuster will not offer more than a certain amount, and you feel that your case is worth more, you can opt to take the case to trial and try to do bettter with a jury. Your attorney will advise which course of action he or she feels would be more beneficial to you, but ultimately it is your decision what to do.